Background:

Elliot is a confident and trusted advocate combining good judgment on the law with a firm and detailed approach to cross-examination and sensitive client handling. The quality of Elliot’s advocacy is reflected in his appointment to the Attorney General’s ‘C’ Panel of Junior Counsel to the Crown.

Elliot practices in:

• police, public and administration and licensing law;
• personal injury and employment law.

Police, public and administration and licensing law:

Elliot acts for many police forces throughout England and Wales.

Police discipline and misconduct:

Elliot is an experienced and demanded advocate in both police misconduct hearings and the Police Appeals Tribunal, often appearing against counsel senior to himself or as an independent legal adviser. He has acted alone when presenting cases against multiple officers, two recent matters being one case involving three officers and another involving eight.

Elliot has either presented cases or acted as a legal advisor in misconduct hearings or appeals involving the following:

• Deaths in custody;
• Corruption, involving confidential information sources;
• Computer misuse;
• Dishonesty, including matters involving defences based upon the Disability Discrimination Act 1995 / Equality Act 2010;
• Discrimination and/or harassment.

Elliot has a thorough knowledge of the Police Regulations, has been involved in many NPIA approved seminars on the misconduct regime, and often advises in writing upon their meaning and effect. Elliot’s expertise in employment law makes him particularly suited to cases involving discrimination.

Civil actions in the County Court and High Court:

Elliot has defended numerous civil claims involving police interference with persons or property. Elliot provides a quick turnaround for advices or the settling of defences or counter-schedules concerning unlawful detention, trespass to land or goods, seizure and destruction of vehicles, misfeasance and breach of duty of care.

Elliot has acted in a number of High Court injunctions hearings relating to the lawfulness of police searches, seizures and warrants and their related High Court and/or County Court substantive actions for damages. Other work has included the lawfulness, accuracy and damages claims surrounding enhanced criminal record disclosures and Data Protection Act claims.

In relation to discrimination (non-employment) claims, Elliot settles responses to discrimination questionnaires and defences.

Civil actions in the criminal courts:

Elliot appears in the more complex first-instance hearings and appeals involving cash forfeiture. He also acts in other appeals arising from closure orders or anti-social behaviour orders where there are complicated arguments of law.

Other police-law issues:

Police law touches upon many diverse and different issues. Matters in which Elliot has been instructed include criminal records bureau reports and disclosure of documents and material both into and out of family cases.

Administrative and public law

Elliot is instructed in matters of judicial review, parole board appeals and discrimination by public authorities. This extends to representing public authorities in common-law claims involving personal injury and employment law actions.

Public law / inquests

Elliot acts in judicial review hearings, whether substantive hearings or at the permission stage, concerning police decisions and actions, whether alone or where the IPCC is also a party. He has appeared in a number of permission hearings both in London and also in the Manchester ‘Civil Justice Centre’.

In relation to written work, he provides a prompt service in settling detailed grounds of resistance and advising on prospects of success.

In addition, Elliot acts for the police in inquests where the police wish to avoid particular adverse findings of fact, involving arguments as to the suggested faults either with police force systems and policies or failures of individual officers.

Employment Law:

Elliot is experienced in a wide range of employment matters from unfair dismissal to complicated discrimination claims, breach of contract and TUPE.

A large element of Elliot’s work focuses on discrimination including race, sex, sexual orientation, religious belief and disability. He has acted for diverse clients, particularly respondents, concerning the identification of the appropriate comparator, detrimental behaviour and generally in complicated factual disputes spanning extended periods of time.

A number of Elliot’s cases have involved whistle-blowing with all the delicate issues of negative or adverse publicity that follow.

Elliot has undertaken and advised in numerous claims involving unfair dismissal and redundancy.

Licensing Law:

Elliot undertakes all manner of licensing hearings involving alcohol and/or entertainment including pubs, bars, nightclubs, restaurants, large open-air gatherings and festivals, sex establishments and entertainment, and taxi licensing on behalf of police forces and licensing authorities and private clients.

Elliot has recently been successful in the case involving the Southampton licensing authority requiring a driver to have installed in their taxi-cab always-on video and audio recording equipment. He persuaded a judge that this was an unjustified breach of Article 8 and he is now instructed in the consequent appeal.

Elliot has provided a number of licensing seminars, and is presently delivering a series of talks, in conjunction with the Institute of Licensing, on licensing hearings. Others have included presentations to the Government of the South East, Cambridgeshire constabulary and Norfolk constabulary.

Personal Injury:

Elliot’s work is concentrated in the multi-track litigation. He acts for both claimants and defendants in actions involving both multiple parties and significant injuries and levels of damages.

A large element of Elliot’s personal injury practice involves police constabularies and accidents at work whether caused during the course of work or training exercises, industrial injuries caused over long periods of time, and stress and/or psychiatric injury arising from bullying at work and/or workplace stress.

Elliot regularly advises on prospects of success concerning liability, evidence generally, settlement terms and questions to medical experts. He also acts in settlement conferences and mediation hearings.

Elliot also has an impressive knowledge of costs. He is regularly instructed in costs-only claims and has conducted a number of costs-appeals in the Supreme Court Costs Office, the County Court and the High Court. He has contributed to two legal training videos on the subject of costs after offers and the fixed costs regime.

Additional:

Elliot has an extensive background in debating. He has been a debating coach both in England and in Europe. Elliot and his debating partner won the European Debating Championship 2001 and were ranked 6th at the World Debating Championships 2002.

In 2005, Elliot accepted an invitation to be a judicial assistant to Lord Justice May in the Civil Division of the Court of Appeal for a three month fixed post.

In 2003, Elliot was presented with the Northern Bar pro-bono award for employment law and CICA work by the then Lord Chancellor, Lord Irvine.

Elliot has experience of public inquiries having been worked on the first phase of the Shipman enquiry (2002).

Elliot provides CPD lectures to solicitors on all aspects of his practice.